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childsupport to leverage parenting time

Posted on Feb 08,2015

Use child support to leverage parenting time.

Q. I've been divorced for three years. Our three
children, now ages 9, 11, and 12, live with my ex-wife.
I'm a self-employed programmer. I pay my ex $2,500 a
month child support. The court ordered I have the
children with me a minimum of every Thursday, overnight,
plus alternate weekends from Thursday after school to
Monday back to school, one full week during each July
and the first two weeks each August; and alternate
holidays.

Since our divorce, my ex has constantly changed my
weekly time and cut or refused to give me summer
parenting time. She says I need to get a full time job
instead of staying home with the kids.

What can I do to ensure I'll get all of my parenting
time?

K.L., Paxton

A. You did not say your ex cut your weekly parenting
time. If so, prepare a list of each time she changed
weekly parenting time, plus all email exchanges on
point. If not, then start collecting this material and
keep a detailed chart.

After you've got months of documentation, file a
complaint for contempt asking the court to enforce the
schedule. Expect the judge to give what the court thinks
is a stern lecture after which the case will be
continued for a few months to see if your ex complies.
Most don't comply until they face going to the county
jail on civil contempt for a few weeks or weekends.

You need to expect your ex will file a complaint for
modification, asking for more child support. So now is
the time for you to go on line and use the court
calculator to see if you'd have to pay more or less
child support. The number that comes up is presumptive,
meaning the judge has to impose that as the new child
support number. So if you are earning less, your child
support should go down. If so, that just might get your
ex angrier, don't you think? Thus, if possible, you
should offer to keep paying the old amount. If the
number is higher, your ex should be happier which, in
turn, might lower her incentive to mess with your
parenting time.

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